22 February

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What to do if a trademark faces a refusal Decision issued by the IP Office of Vietnam

If Vietnam IP issues a final decision to reject a trademark application, there are 02 (two) remaining options for recourse. In detail, the applicant may either file an appeal with the with the Science and Technology Minister (“MOST”), the supervising body of the IP Vietnam or initiate lawsuits at court. If an applied-for mark is finally rejected to register by the MOST or a competent court in Vietnam, assuming that such refusal is based on absolute ground (e.g. a merely distinctive mark or weakly distinctive mark), ...

29 December

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Geographical indication protection of “Hàm Yên” for orange

Posted by KENFOX IP

in News, Viet Nam

On 07 October 2020, Intellectual Property Office of Vietnam (IP Vietnam) has issued Decision No. 4010/QĐ-SHTT on granting Geographical indication registration certificate no. 00086 for “Hàm Yên” orange. People’s Committee of Tuyên Quang province is the organization in charge of managing this Geographical indication (GI)....

14 December

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Vietnam released a draft of the IP Law for public comments

Posted by KENFOX IP

in News, Viet Nam

A draft of the amended IP Law of Vietnam has been released recently by the Ministry of Science and Technology of Vietnam and published in its website in November 2020 for public comments. The recent signing of big trade pacts, such as the European Vietnam Free Trade Agreement (“EVFTA”), the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“CPTPP”), the Regional Comprehensive Economic Partnership (“RCEP”), the world’s largest trading bloc have triggered the comprehensive amendment of Vietnam’s IP Law that enacted in 2005. While a lot of progressive provisions have been introduced to this third amendment of Vietnam IP Law, some...

10 December

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Assessing relatedness of the goods/services for examining registrability of trademarks in Vietnam

Posted by KENFOX IP

in Trademark in Vietnam

How the goods and/or services bearing this trademark are deemed related/relevant to those under an earlier mark is very important to determine registrability of similar trademarks in Vietnam. Whether Nice Classification is the only basis for making an assessment on relatedness/relevance of the goods/services bearing trademarks? Of course, it is not....

10 December

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Announcement on Adopting the Vietnamese Version of the Nice Classification of Goods and Services 11-2021

Posted by KENFOX IP

in News, Viet Nam

The Intellectual Property Office of Vietnam (IP Vietnam) announces the adoption of the Vietnamese version of the Nice Classification 11-2021 Edition (NCL 11-2020) from January 1, 2021....

30 November

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Stricter requirements adopted for documents submitted to Vietnam IP Office

Posted by KENFOX IP

in News, Viet Nam

The Intellectual Property Office of Vietnam (IP Vietnam) issued Notice No. 13822/TB-SHTT dated 23 November 2020 on the application of regulations concerning persons with legal status to sign documents on behalf of the applicant in the registration procedure for establishment of industrial property rights and the related procedures. The Notice No. 13822/TB-SHTT has the following noteworthy points:...

19 October

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MOVING ANNOUNCEMENT

Posted by KENFOX IP

in News

Download MOVING ANNOUNCEMENT To whom it may concern, We are very pleased to announce that in order to expand our operations and to effectively manage our corporate growth, on 01 November 2020, we will be moving from the current address: Suite 219, 2nd Floor, Five-Floor Building, Lane 109, Truong Chinh, Thanh Xuan, Hanoi to open our doors in our more spacious and efficient office at the following new address: Building No. 6, Lane 12/93, Chinh Kinh Street, Nhan Chinh Ward, Thanh Xuan District, Hanoi, Vietnam whereas our telephone, fax numbers and e-mail addresses remain unchanged as follows: Tel.: (84) 24 3724 5656 Fax: (84) 24 3724 5885 E-mail: info@kenfoxlaw.com kenfox@kenfoxlaw.com On...

13 October

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What documents and which steps to register a trademark in Vietnam?

Posted by KENFOX IP

in Trademark in Vietnam

Registering a trademark in Vietnam is a legal administrative proceeding in which a trademark applicant (either a natural person or a legal entity) file an application to register a trademark with the Intellectual Property Office of Vietnam (“IP Vietnam”). Of note, co-ownership of a trademark is possible in Vietnam. Trademarks to be protected under the IP Law of Vietnam include: (i) Trade/service Mark; (ii) Collective Mark; (iii) Certification Mark; (iv) Associated Mark and (v) Well-known Mark...

08 October

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Overcoming Notification of Provisional Refusal against an IR designating Cambodia – what should be taken into account?

Posted by KENFOX IP

in Case Studies

Download Overview: As you know, Cambodia became a member of the Madrid System for the International Registration of Mark on 05 June 5 2015. The system facilitates the filing of applications in multiple countries around the globe. Rather than having to file a trademark application in each country, a trademark owner can file a single application with their national or regional IP office, and then designates protection of their mark in Madrid member countries. This greatly simplifies and reduces the cost of the process, however in case your trademark faced a provisional refusal by the Department of Intellectual Property of Cambodia, what...